Kauleshwar Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51003 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -PUNPUN District- PATNA ====================================================== Kauleshwar Prasad Singh, son of Satya Narayan Singh, resident of village Ganj Jalalpur, P.O. Marauchi, P.S. Punpun, Distt. Patna. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate. For the Opposite Party/s : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Punpun P.S. Case No. 213 of 2016 instituted for the offence under Sections 406, 409, 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that all irregularities pointed out in the written report are not based on any document. They are general in nature. It has further been submitted that co-accused Radhey Shyam Sharma with similar allegation has already been granted anticipatory bail by this Court vide order dated 02.08.2017 passed in Cr. Misc. 30132 of 2017 (Annexure-4).

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.51003 of 2017 (2) dt.18-10-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Punpun P.S. Case No. 213 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Masaurhi, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T